Tag Archives: Advocacy

‘You Wouldn’t Behave Like That In Court’: Barrister MP Told Off For Heckling Ed Miliband At PMQs

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At yesterday's Prime Minister's Questions, criminal barrister-turned-MP Michael Ellis (pictured left) heckled Ed Miliband so loudly that he got told off by the Speaker.

Ellis, who is listed as non-practising in the most recent register of members' financial interests having previously worked at Clarendon Chambers, was told: "Mr Ellis, you are a distinguished practising barrister, you wouldn't have behaved like that in the courts, don't behave like that in this chamber. Calm yourself and be quiet. Learn it man!"

The clip is below, with the relevant bit beginning at 2:30...

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Why Good Barristers Don’t Waste Their Time Googling Jurors

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The news that criminal barristers are googling jurors – and then tailoring their speeches to appeal to their professional backgrounds and interests – doesn't reflect well on the Bar. Not just because it's unethical, but because it's a simplistic strategy unsupported by any evidence to suggest that it works, writes junior criminal barrister The Law Horse.

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‘I’m Glad I Didn’t Know Some Things I Said In Court Were Prattish: Ignorance Gives You The Freedom To Experiment’

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Ed note: This is the latest post in the 'If I knew then what I know now' series, where leading members of the legal profession share their wisdom with the next generation of wannabes.

One of the things I did know – courtesy of a father at the Bar – was how enjoyable a barrister’s life could be. That’s good, because you’re only here once. But there are still lots of things I wish I knew, writes Simon Myerson QC. So, in no particular order...

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‘A Barrister’s Rhetorical Flourishes Can Be Seductive, But Eventually They Become An Irritating Distraction’

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Ed note: This is the latest post in the 'If I knew then what I know now' series, where leading members of the legal profession share their wisdom with the next generation of wannabes.

I only learned the most significant lesson about being an advocate after years in practice, paying close attention to what worked and what did not. It is something that no one is likely to teach you when you are studying to become a lawyer. In fact, I was taught the opposite, writes Matthew Ryder QC...

What I wish I knew then, that I know now, is this: the most effective advocacy is invisible.

Some things about good advocacy are uncontroversial. For example, everyone will say that you must master your brief, work hard and try to be both fair and fearless. But some advocates are said to possess very special qualities that mark them out from the rest – you see them in films and you read about them in novels...

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Five YouTube Clips Every Wannabe Barrister Should Watch

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Pupil barrister-to-be OccupyTheInns reveals some unlikely heroes as he advises Bar Professional Training Course (BPTC) students to think outside the box when developing their advocacy skills

Advocacy is about far more than words. It is also about presence. In this clip from the excellent Animalfightclubs, observe the way the cougar stakes out its territory and then – in a flash – attacks the wolf. Good advocates do exactly the same against their opponents, holding their gaze when they meet outside court until the other blinks and looks away, before using the psychological edge they have gained to triumph in front of the judge.

Speaking of cougars, I’m a big fan of former Prime Minister Tony Blair’s wife, Cherie Blair QC. Not only is she a very attractive older woman, but she’s a first class advocate. Cherie’s opening keynote at the women in business conference is 35 minutes long, but it’s worth listening to every second of it. The way she uses her gender should act as an inspiration to women seeking to pursue careers at the Bar – no mean feat. In this clip (see 2:30 – 3:16 below), Cherie brilliantly subverts gender norms, joking with the two men in the room in hilarious style.

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A Shaft Of Light At The Junior Criminal Bar? Why New Advocacy Assessment Regime Could Be An Opportunity For Baby Barristers

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As the Quality Assurance Scheme For Advocates (QASA) consultation rumbles on, the latest concern is that the new regime could see clients wrongly advised to plead guilty – a result of the new rules allowing inexperienced advocates to appear at preliminary hearings in the Crown Court.

To an extent, this already happens. A junior advocate once boasted to me of specialising in "cracking trials" by convincing their client to accept a guilty plea. I hope reading that makes you wince; I found it rather disturbing. QASA will surely make the situation worse.

At its heart, though, QASA – which will come into force in January next year – is about the judicial assessment of advocates. This new approach is surely no bad thing for competent up-and-coming barristers and solicitor-advocates, in spite of Lord Justice Moses' expression of fear earlier this year that judicial assessment will make junior lawyers reluctant to "tell the judge to go to the devil"...

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Disillusioned Barrister Unveils Groundbreaking New Advocacy Regulation Regime

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The Quality Assurance Scheme for Advocates (QASA) doesn’t impress The Law Horse. So he is proposing four alternative ways to keep barristers and solicitor-advocates in check.

Mystery Shopper

Who better to assess an advocate’s skills than their client? Not a real client, obviously, they can’t be trusted. Most of them are even criminals. No, what is needed is a stooge, an actor: a mystery client.

For all intents and purposes, the actor is a genuine client. In liaison with a police handler they are arrested for a pre-agreed offence. From that point on, the system takes charge and the lawyers are called. The client – who is the one person who holds all of the facts – is perfectly positioned to assess the advocate’s skill: the conference abilities and advice giving, the bail applications and decision making, the client care, trial advocacy, management of expectations and plea in mitigation.

Only, pity the poor mystery client whose police handler loses their file...

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